[Adopted 6-26-1995 by Ord. No. 992-95]
For the purpose of this Part 3, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CITY
The City of Coatesville, Chester County, Pennsylvania.
GARBAGE
Any waste parts of food, from a market or kitchen, or any animal or vegetable matter that is discarded and or thrown away, or any worthless or offensive matter that has been discarded.
LITTER
Any discarded trash, garbage or rubbish, as defined in this section, and all other waste material which, if thrown or scattered about in a careless manner or lying about in disorder as prohibited in this Part 3, is determined to be a nuisance to the safety, health, cleanliness and comfort of the inhabitants of the City.
PRIVATE PREMISES
Any dwelling, house, building, structure or vacant lot, designed or used either wholly or in part for private residential purposes or place of business, whether inhabited, occupied or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE
Any street, sidewalk, highway, alley or other public way and any public park, square, space, ground or building.
RUBBISH
Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bottles, bedding, crockery and similar items.
TRASH
All putrescible and nonputrescible solid wastes (except body waste), including garbage, rubbish, ashes, street cleaning, dead animals, abandoned vehicles and solid and industrial waste which causes danger to the health, safety and welfare of any resident or business owner.
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a street, including devices used exclusively upon stationary rails or tracks.
No person shall throw, deposit or allow to occur litter or rubbish in or upon any street, sidewalk or other public place within the City, except that litter may be thrown or deposited in public receptacles or in authorized private receptacles for collection.
Persons placing litter in public receptacles or in private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other place or upon private property.
No person shall sweep into or deposit in any gutter, street or public place within the City the accumulation of litter from any building or lot from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the City shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the City or upon private property.
No person shall drive or move any truck or other vehicle within the City so that the wheels or tires of such vehicle carry onto or deposit on any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw, deposit or allow to occur litter in any park within the City except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided by this chapter.
No person shall throw, deposit or allow to occur litter in any stream, creek, run or any other body of water within the City.
No person shall throw, deposit or allow to occur litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for the collection of litter in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not be so construed as to prohibit the storage of litter in authorized private receptacles for collection.
A. 
Initial notice. Whenever the Code Enforcement Officer or SWEEP Officer, as appointed by the Director of Public Works, of the City of Coatesville observes a property that is in violation of this Part 3, the Officer shall give notice to the property owner. Such notice shall contain the following:
[Amended 8-22-2011 by Ord. No. 1358-2011]
(1) 
The address of the property in violation and the name of the owner.
(2) 
A statement that the property is in violation, specifying, if applicable, the specific area in violation.
(3) 
Directions that the ordinance be complied with and the offending litter be removed.
(4) 
Notice that if the violation is not corrected within five days of receipt of the notice that a citation will be issued.
(5) 
Notice that the Code Administrator will discuss the violation with the property owner if this is requested.
(6) 
A statement that the notice is not a citation and that it will not be kept on file after the violation is abated.
(7) 
The signature and printed name of the officer observing the violation.
B. 
Alternative citation process.
[Added 10-28-2013 by Ord. No. 1418-2013[1]]
(1) 
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $25 to be paid within 10 days.
(2) 
Any person violating the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $50 to be paid after 10 days but within 20 days.
(3) 
Any violation of the provisions of Chapter 190 shall, at the discretion of the City, be subject to a fine of $75 to be paid after 20 days, but before citation.
(4) 
Failure to respond by the payment of the fines as aforesaid shall, after 28 days, result in the issuance of a citation to the defendant. Thereafter, the prosecution shall proceed in accordance with the Pennsylvania Rules of Criminal Procedure, and upon conviction for the offense, the defendant shall be ordered to pay the maximum fine prescribed by law, together with the costs of prosecution, and/or to be incarcerated in the county prison for not more than five days.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsections B through D as Subsections C through E, respectively.
C. 
Issuance of citation and penalties. If the owner or occupant of the property in violation fails to comply with this Part 3 within five days of the above notice, the Code Enforcement Officer or SWEEP Officer, as appointed by the Director of Public Works, shall issue a citation to the owner or occupant of the property. Summary conviction of a violation of this Part 3 shall be punishable by a fine of not more than $300 and costs of such proceedings and, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days. A continuance of a violation shall constitute a violation for each day of such violation, and the person or persons allowing or permitting the continuance of the violation may be punished as provided above for each separate offense.
[Amended 8-22-2011 by Ord. No. 1358-2011]
D. 
Abatement of violation by City. If the owner or occupant of a property fails to abate the violation after summary conviction, then the City of Coatesville may remove such litter. Nothing in this Part 3 shall authorize the City to enter private property for these purposes while any conviction under this Part 3 is being appealed.
E. 
Collection of costs. The cost of abating such violation, together with any additional penalty authorized by law, may be collected by the City from such owner or occupant in the manner provided by law. The cost of such action by the City shall include the total cost to the City of compensating the laborers and foremen for the abatement, including but not limited to the hourly cost of their work and the expense of benefits for said workers, and also the administrative costs of the abatement, or the cost of hiring a contract service. Upon completion of the work, the City shall bill the responsible owner or occupant for the amount specified above, and if not paid within 10 days thereafter, the City may institute suit for the recovery of such costs and penalties, or at its discretion, enter a lien against the premises on which the work has been done, in accordance with the Municipal Lien Act of Pennsylvania.